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Fraud*According to the Collins English Dictionary 10th Edition fraud can be defined as: "deceit, trickery, sharp practice, or breach of confidence, perpetrated for profit or to gain some unfair or dishonest advantage".[1] In the broadest sense, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation. Defrauding people or entities of money or valuables is a common purpose of fraud, but there have also been fraudulent "discoveries", e.g. in science, to gain prestige rather than immediate monetary gain*As defined in Wikipedia

Saturday, February 18, 2012

It only seems fair to give someone a break just as Goldman Sachs has enjoyed considerable leniency from prosecution over many years. Goldman never has to admit its wrongdoing; it pays a fine; it goes on its merry way and continues pushing against ethical and legal boundaries at every opportunity that might give it a profitable return. Just take the "robo-signing" agreement with the Fed and the NY regulator; "robo-signing" is just a euphemism for "forgery" which is a fraudulent activity that could put you in jail. But Goldman just paid a fine, did some restitution (which it should have done without being told) and promised not to do it again.

So when we hear a story that warms our hearts, such as Sergey Aleynikov's acquittal from a criminal conviction brought against him by Goldman Sachs for stealing computer code, we really feel that justice has been done. A panel of three judges decided Aleynikov was not guilty of Economic Espionage and should not have been criminally charged. Finally, the justice system got it right.

NEW YORK -- A smiling former Goldman Sachs computer programmer was freed from prison Friday after a surprise ruling from a federal appeals court reversed his conviction on charges he stole computer code.

He said he "just jumped all over the place" at 6 a.m., the moment he read and repeatedly reread an email from his lawyer informing him that the 2nd U.S. Circuit Court of Appeals in Manhattan had reversed his conviction. The words were, he said, "'We won!'"

The reversal came less than a day after defense lawyer Kevin Marino told a three-judge panel that Aleynikov was wrongly convicted. The 42-year-old North Caldwell, N.J., man had already served a year of a more-than-eight-year prison sentence after a jury convicted him in December 2010 of stealing trade secrets and transporting stolen property in interstate and foreign commerce.

Aleynikov said outside court that he looked forward to seeing his family, including his 8-, 6- and 3-year-old daughters.

"This is such big news to me that I don't have time to think about what will happen tomorrow," said Aleynikov, dressed in a gray sweat suit and white sneakers. "Today, it's a victory."

His lawyer said: "I've never felt better in my life."

The highly unusual immediate dismissal of a conviction by the appeals court came in a case that tested the boundaries of what can be considered a crime as companies seek to protect their intellectual property from competitors.

Aleynikov has been in prison since he was sentenced in March. A three-judge appeals panel heard arguments Thursday, but the judges gave no indication they would reverse the lower court hours later with a terse, one-paragraph order. The 2nd Circuit said it would issue a written ruling "in due course" to explain its decision.

Marino said Aleynikov's immediate reaction when he spoke to him early Friday was: "There is justice in the world."

"It's justice because Sergey Aleynikov did not commit either of the crimes with which he was charged," Marino said. "The government's attempt to stretch this criminal federal statute beyond all recognition resulted in a grave injustice that put Sergey Aleynikov in prison for a year."

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The men the American people admire most extravagantly are the greatest liars; the men they detest most violently are those who try to tell them the truth. … H.L. Mencken

An age is called Dark not because the light fails to shine, but because people refuse to see it…James Albert Michener, novelist (1907-1997)

It is impossible to calculate the moral mischief, if I may so express it, that mental lying has produced in society. When a man has so far corrupted and prostituted the chastity of his mind as to subscribe his professional belief to things he does not believe he has prepared himself for the commission of every other crime. … Thomas Paine 1737-1809, Anglo-American Political Theorist, Writer

Laws just or unjust may govern mens actions. Tyrannies may restrain or regulate their words. The machinery of propaganda may pack their minds with falsehood and deny them truth for many generations of time. But the soul of man thus held in trance or frozen in a long night can be awakened by a spark coming from God knows where and in a moment the whole structure of lies and oppression is on trial for its life.: Sir Winston ChurchillWhen governments fear the people, there is liberty. When the people fear the government, there is tyranny. - Thomas Jefferson

When cheaters prosper, we end up with the worst possible system and to call it a free market system is an obscenity. -William BlackWhen the people fear their government, there is tyranny; when the government fears the people, there is liberty." - Thomas JeffersonI believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around the banks will deprive the people of all property - until their children wake-up homeless on the continent their fathers conquered. Thomas Jefferson - 1802

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